As tenant’s counsel you want to secure provisions in the lease agreement that the landlord’s build-out work as stated in the plans and specifications consists of items that a landlord may be required to complete by law such as local building code compliance work, structural work, roofing work and ADA compliance. In order to avoid the confusion as to what work would be considered the obligation of the landlord and what build-out work would be considered the obligation of the tenant, you would want the obligations spelled out in the lease agreement. Also, as an additional measure of precaution a tenant may want the landlord to complete his portion of the work at his expense and prior to the landlord turning over possession. This will avoid confusion and disagreements going forward.
Ray Garcia, Esq.
Board Certified in Real Estate Law
by the Florida Bar